In what circumstances will a driver of a high gear truck see another driver?
Saskatchewan, Canada
The following excerpt is from Lasby v. Elliott Motors Limited, 1949 CanLII 172 (SK CA):
In this case the drivers of the two cars saw each other. The driver of the truck had only driven it two blocks. Admittedly he was trying to see how slowly the truck would go while in high gear. He admits further that he only looked to his right on the one occasion. It is suggested that he was not required to look again and that Herd v. John Erzinger Ltd. 1938 CanLII 149 (SK CA), [1938] 1 WWR 725, is authority for this statement. That case was decided upon its own particular facts as found by the trial Judge. The intersection was very icy and the speed of the defendant’s truck was sufficient to almost demolish the plaintiff’s truck and injure him most seriously. Further, the driver of the defendant’s truck in that case did not keep a proper lookout as found by the trial Judge. There is no similarity between the two cases.
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